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(영문) 광주지방법원 순천지원 2020.05.13 2019고단3171
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 23, 2014, the Defendant was issued a summary order of a fine of KRW 5 million in violation of the Road Traffic Act, etc. in the Gwangju District Court's net support on January 23, 2014.

On December 5, 2019, at around 22:15, the Defendant driven an Efran vehicle under the influence of alcohol with approximately 00 meters alcohol concentration of 0.148% from the 200m section to the front road of the D apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, etc., an inquiry report (Attachment to the previous and summary order), and application of Acts and subordinate statutes of a summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the previous and three times, but no previous criminal records exceed the fine, and the distance of driving, etc.);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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